Disclosure Statement

The contents of this web site and blog is written and edited Ken Theriot, Dale Hensel and Jake Weston.

The compensation we receive as an affiliate marketer to provide opinion on products, services, websites and various

other topics does NOT affect the topics or posts we make in this blog.

We abide by word of mouth marketing standards and believe in honesty of relationship, opinion and identity.

The views and opinions expressed on this blog are purely our own. We always provide our honest opinions, findings,

beliefs, or experiences on those topics or products we discuss.

Sometimes, we may mention products that neither of us have personally reviewed. However, this only occurs when we am

familiar with the manufacturer’s previous products and are satisfied that they produce only high-quality goods and/or

services. We will mention if or when we do not have personal experience with the product or service.

Any product claim, statistic, quote or other representation about a product or service should be verified with the

manufacturer, provider or party in question.
Site Disclaimer

HomeBrewAudio.com does not represent or endorse the accuracy or reliability of any of the information, content or

advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services

contained on this website, nor the quality of any products, information or other materials displayed, purchased, or

obtained by you as a result of an advertisement or any other information or offer in or in connection with the

services herein. You hereby acknowledge that any reliance upon any Materials shall be at your sole risk.

HomeBrewAudio.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or

correct any error or omissions in any portion of the Service or the Materials.

THE SERVICE AND THE MATERIALS ARE PROVIDED BY HOMEBREWAUDIO.COM ON AN “AS IS” BASIS, AND HOMEBREWAUDIO.COM EXPRESSLY

DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL

HOMEBREWAUDIO.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND

WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.

HomeBrewAudio.com respects the rights (including the intellectual property rights) of others, and we ask our users to

do the same. HomeBrewAudio.com may, in appropriate circumstances and in its sole discretion, terminate the accounts

of users that infringe or otherwise violate such rights of others.
Privacy Statement

HomeBrewAudio.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The

following discloses our information gathering and dissemination practices for this website: HomeBrewAudio.com.

We use your IP address to help diagnose problems with our server, and to administer our Web site.

This site contains links to other sites. HomeBrewAudio.com is not responsible for the privacy practices or the

content of such Web sites.

HomeBrewAudio.com employs the services of Aweber for the HomeBrewAudio.com Newsletter. Aweber and HomeBrewAudio.com

agree not to sell or rent the email addresses of any HomeBrewAudio.com Newsletter subscriber to any third party.

Third party vendors, including Google, show our ads on sites on the internet.  Third party vendors, including Google,

use cookies to serve ads based on a user’s prior visits to HomeBrewAudio.com.   Users may opt out of Google’s use of

cookies by visiting the Google advertising opt-out page.  Alternatively users may opt out of a third party vendor’s

use of cookies by visiting the Network Advertising Initiative opt out page.)

Choice/Opt-Out
This site gives users the following options for removing their information from our mailing list database to not

receive future communications or to no longer receive our service. You can contact HomeBrewAudio.com by clicking

here.

Correct/Update
This site gives users the following options for changing and modifying information previously provided. Change or

modify information by clicking here.

Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web

site, feel free to contact us by clicking here.
Terms of Service

Site Terms and Conditions of Use

1. User’s Acknowledgment and Acceptance of Terms

Home Brew Audio (“Us” or “We”) provides the HomeBrewAudio.com site and various related services (collectively, the

“site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or

referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when

using particular services or materials on this site, users shall be subject to any posted rules applicable to such

services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such

guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF

USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR

OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR

SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON

COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of January 1st, 2009. We expressly reserve the right to change these Terms of Use

from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site

and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of

this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to

abide and be bound by the modified

Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies,

officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties

involved in creating, producing, and/or delivering this site and/or its contents.

2. Description of Services

We make various services available on this site including, but not limited to, information about audio recording,

video training tutorials, ebooks, audio content (royalty-free music and loops), and sales of audio recording related

products through merchants we are affiliated with. You are responsible for providing, at your own expense, all

equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all

fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time

with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new

features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

3. Registration Data and Privacy

In order to access some of the services on this site, you will be required to use an account and password that can be

obtained by completing our online registration form, which requests certain information and data (“Registration

Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all

information provided in the Registration Data is true and accurate and that you will maintain and update this

information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we

obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is

specifically incorporated by reference into these Terms of Use.

4. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the

substance of your communications through the site. By posting information in or otherwise using any communications

service, chat room, message board, newsgroup, software library, or other interactive service that may be available to

you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate

distribution of any content — including text, communications, software, images, sounds, data, or other information —

that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s

privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to

sexual language of a violent or threatening nature directed at another individual or group of individuals), or

otherwise violates our rules or policies;

b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion,

gender, sexual orientation, race, ethnicity, age, or disability;

c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any

party;

d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters,

any other form of unauthorized solicitation, or any form of lottery or gambling;

e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt,

damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain

unauthorized access to any data or other information of any third party; or

f. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party

users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications

services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be

available on or through this site. However, we and our agents have the right at their sole discretion to remove any

content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our

site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in

removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal

of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that

any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright,

right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized

access to another network or server. Not all areas of the site may be available to you or other authorized users of

the site. You shall not interfere with anyone else?s use and enjoyment of the site or other similar services. Users

who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other

affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you

acknowledge that we will cooperate fully with investigations of violations of systems or network security at other

sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents,

software, materials and/or services provided by other parties. These sites may contain information or material that

some people may find inappropriate or offensive. These other sites and parties are not under our control, and you

acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other

aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other

parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience

and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either

express or implied.

6. Intellectual Property Information

Copyright (c) January 1st, 2009 Home Brew Audio All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos,

video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This

includes message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is

protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole

property of Home Brew Audio and/or its Affiliates. You are only permitted to use the content as expressly authorized

by us or the specific content provider. Except for a single copy made for personal use only, you may not copy,

reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in

any form or by any means without prior written permission from us or the specific content provider, and you are

solely responsible for obtaining permission before reusing any copyrighted material that is available on this site.

Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable

laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this

site will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of

the procedures to be followed in the event that any party believes that content posted on this site infringes on any

patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Home

Brew Audio or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing

in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Home Brew

Audio or its Affiliates.

7. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by

electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While

you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive,

paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and

otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in

which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing

otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in

any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site

believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the

user should send notification to our Designated Agent (as identified below) immediately. To be effective, the

notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information

sufficient to specify the copyrighted work being infringed).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly

infringing webpage or other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above

as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is

accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that

is allegedly infringed.”

7. Sign the paper.

8. Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact: Ken Theriot

Address: 18725 Brookwood Forest, San Antonio, TX

Phone: (210) 859-1201

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately

remove the identified materials from our site without liability to you or any other party and that the claims of the

complaining party and the party that originally posted the materials will be referred to the United States Copyright

Office for adjudication as provided in the Digital Millennium Copyright Act.

8. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY

KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY

THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE

UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR

MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION

PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM

MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE

MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME

WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH

MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR

OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER

SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users

and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party,

including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery

terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and

services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE,

AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS

PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM

A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site

user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or

reliability of, any opinion, advice, or statement made by anyone other than an authorized Home Brew Audio

spokesperson speaking in his/her official capacity.

You understand and agree that temporary interruptions of the services available through this site may occur as normal

events. You further understand and agree that we have no control over third party networks you may access in the

course of the use of this site, and therefore, delays and disruption of other network transmissions are completely

beyond our control.

You understand and agree that the services available on this site are provided “AS IS” and that we assume no

responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or

personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY

NOT APPLY TO YOU.

9. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,

INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE

RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,

AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE

REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR

ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF

ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE

ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities,

claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the

right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to

indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all

statements made and acts or omissions that occur through the use of your password and account. Therefore, you must

take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you

for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately

terminate your account if you do transfer or share your account.

12. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence

with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or

promotions, including the delivery of and the payment for goods and services, and any other terms, conditions,

warranties or representations associated with such correspondence or promotions, are solely between you and the

advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or

promotion.

13. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our

site, either directly or through a third-party provider. We make available separate supplemental agreements

characterizing the relationship between you and us that, except where expressly noted or contradictory, includes

these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the

recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as

other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications

(also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business

purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate

communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ

automated devices that delete or block email messages that exceed the limit. We will not be responsible for such

deleted or blocked messages.

14. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate

or available for use in locations outside the United States, and accessing them from territories where their contents

are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative

and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in

connection with this site is void where prohibited.

15. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or

without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected

fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to

appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this

site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and

all related information and files in your account and/or bar any further access to such files or this site. We shall

not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any

other actions taken by us in connection with such termination or suspension.

16. Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the Texas, United States of

America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these

places has laws that may differ from those of Texas, by accessing this site both of us agree that the statutes and

laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations

Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the

purchase of products and services available through this site. You agree and hereby submits to the exclusive personal

jurisdiction and venue Bexar County, San Antonio Texas with respect to such matters.

17. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us

must be sent to the attention of Customer Service at ken@homebrewaudio.com, if by email, or at Home Brew Audio 18725

Brookwood Forest, San Antonio, TX 78258 if by conventional mail. Notices to you may be sent to the address supplied

by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to

inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you

at the time of sending.

18. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter

of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject

matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any

attempt to alter, supplement or amend this document or to enter an order for products or services which are subject

to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written

agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or

inconsistent with these Terms of Use, these Terms of Use shall take precedence.

19. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys? fees. Any

cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of

action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do

so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this

site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in

delivery of products and services available through our site arising from any event beyond our reasonable control,

whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident,

adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events

beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner

consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the

remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a

waiver of that right or provision.

20. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by Home Brew Audio, a

Sole Proprietorship, located at 18725 Brookwood Forest, San Antonio, TX 78258. Our telephone number is (210) 859-

1201. If you notice that any user is violating these Terms of Use, please contact us at ken@homebrewaudio.com.

Terms and Conditions of Sale

1. Sale and Purchase of Goods

Home Brew Audio (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the

description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference

(“Goods”) on the terms and conditions set forth in this Agreement.

2. Purchase Price

Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.

3. Payment Terms

The total amount of the Purchase Price shall be payable in full by Buyer at Checkout.  In addition, Seller shall have

the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from

Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.

4. Delivery

Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on

the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to

deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless

otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.

6. Disclaimer of Warranty/Limitation of Liability

Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular

purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims

all other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF

WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO

BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY

CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR

ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN

TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF

SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION

OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT,

BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY

TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF

ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE

PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER

AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR

COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF

THE GOODS.

7. Force Majeure

Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the

Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute,

ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in

part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor,

fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject

to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller

shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance

that affects the performance of its obligations.

8. General

Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this

Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to

the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written

agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void,

unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the

legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be

interpreted under the laws of the State of Virginia, without giving effect to conflicts-of-law rules; and in the

event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the

State of Texas and hereby waives any objection to such jurisdiction and venue